Distance Sales Contract
ARTICLE 1. PARTIES
1.1. VENDOR DETAILS
Title: İnofab Sağlık Teknolojileri A.Ş. / Inofab Health (hereinafter the "VENDOR")
Headquarters Address: ODTÜ Teknokent Silikon Blok K1 15A, 06800 Çankaya, Ankara, Turkey
Return Address: ODTÜ Teknokent Silikon Blok K1 15A, 06800 Çankaya, Ankara, Turkey
Phone: +90 (312) 988 03 08
MERSIS No: [mersis-no]
1.2. BUYER DETAILS
Name/Surname/Title: [username] (hereinafter the "BUYER")
T.C. Identification Number: [tc-no]
Under the present Agreement, the BUYER and the VENDOR shall collectively be referred to as the Parties.
ARTICLE 2. SUBJECT
The subject matter of the present Distance Sales Agreement (hereinafter “Agreement”) is the sale of the product(s) the specifications and sale price of which are stated on the VENDOR’s web site named https://kreamark.store (hereinafter “web site”) and on the present agreement in response to the order placed by the BUYER online, payment of the sale price by the BUYER, delivery of the products, and other rights and obligations of the Parties under the Distance Sales Regulation published in the Official Gazette dated 27.11.2014 and Consumer Protection Law no. 6502, and the venues available to settle any disputes arising from the present Agreement.
ARTICLE 3. PRODUCTS COVERED UNDER THE AGREEMENT
The name, code (type, kind, model, color), volume, and sale price for the product(s) covered under the present Agreement are as follows.
ARTICLE 4. PAYMENT
4.1. The BUYER shall pay the sale price including VAT and the shipping charges stipulated in the present Agreement for the product(s) ordered under the present Agreement, in accordance with the terms and conditions of payment stipulated again in the present Agreement.
4.2. The BUYER shall pay the price of the product(s) ordered on the web site, using Visa, Amex or MasterCard credit cards. The orders placed under the present Agreement shall be processed once the charge for the price for the product(s) is pre-authorised and blocked on the credit card, by the bank.
4.3. The VENDOR shall not be liable for any deductibles applied by the banks at the time of the payments.
4.4. If a promotion, discount or comparable practices announced by the VENDOR in line with the regulations and stated to be in effect for distance sales are applicable as of the date on which the BUYER ordered the product(s), the said promotion shall be applied on the BUYER’s order as well, provided that the BUYER meets the requirements of the promotion.
4.5. The BUYER agrees, represents and warrants that in case the relevant bank or financial institution does not pay the price for the product(s) to the VENDOR after the delivery of the product(s) on the grounds that the BUYER’s credit card was used illegally or tortuously by unauthorised persons, without any fault on part of the BUYER, she shall return the product(s) delivered to her, within a maximum of 30 (thirty) days following the written notice by the VENDOR, with packaging intact, in the original form it/they was/were at the time of sale, in other words in disassembled form, without any damage or missing parts, and that the shipping charges shall be borne by the BUYER. The BUYER represents and warrants that, should they act otherwise, they may be subject to applicable legal proceedings, including those concerning any damage or loss the VENDOR has incurred.
4.6. The bank the BUYER works with may, regardless of the initiative on part of the VENDOR, present various installment payment options as part of the promotions it applies. The promotions the VENDOR is aware of and consents to shall be announced on its web site.
4.7. The shipping charge is not included in the price of the product(s), but shall be added on top of the price of the product(s) to be paid by the BUYER, whereupon the price of the product(s) shall be paid by the BUYER, along with the shipping charge and additional charges if any. Shipping charge and additional charges (if any) are indicated in the table included in article 3.
ARTICLE 5. DELIVERY
5.1. The product(s) ordered online by the BUYER shall be delivered to the BUYER or persons located at the address specified by the BUYER, by the VENDOR’s contracted delivery company, within the 30 (thirty) days of legal respite granted. The BUYER agrees, represents and warrants that, in case she is not available at the address specified at the time of delivery, the product(s) may be delivered in due form in exchange of signature, to persons the names of which had been specified in advance by the BUYER, and who are present at the address. The BUYER may terminate the Agreement in case the product(s) cannot be delivered at the end of 30 (thirty) days following the order date.
5.2 The invoice to be issued by the VENDOR to the name of the BUYER and/or a legal or natural person to be specified by the BUYER, in consideration of the price of product/products and shipping service fee paid by the BUYER, shall be issued in digital format under the e-archive application, and shall be mailed to the e-mail address of the BUYER. The product/products will be delivered by the VENDOR to the delivery address stated in this Agreement by the BUYER, together with the delivery note. The BUYER agrees and declares that, in the event of any address change, the BUYER shall notify the VENDOR in writing about the change and that any information they provide to KREAMARK shall be accurate and valid, bearing any damages that arise as a result of inaccurate information.
5.3. The BUYER agrees, represents and warrants that the billing and delivery addresses and other information she had specified in the present Agreement are complete and accurate. The VENDOR shall not be held liable whatsoever for erroneous and/or incomplete address information reported by the BUYER, the BUYER’s unavailability at the reported address compounded by the lack of anyone to take delivery of the product(s) at the said address, or the refrain on the part of such persons from taking delivery of the product(s) or any similar cases. In case the delivery fails to take place as per the provision above, the BUYER may request re-delivery on her own expense.
5.4. The VENDOR is responsible with the intact and complete delivery of the product(s) in accordance with the specifications and the requirements of the regulations, along with warranty documents and user manuals, if any. The BUYER and/or the person to take the delivery is under obligation to check the product(s) at the time of delivery, to see if they are intact, complete, and in accordance with the specifications and the requirements of the regulations. A memo should be drawn up with the delivery company’s official for product(s) found to be damaged at the time of delivery.
5.4.1. In case the defects of the product(s) were identified at the time of delivery, the product(s) shall be accepted by the VENDOR as returns in the form of shipment applied, and replacements shall be provided within 14 days following the return date, without charging the BUYER a second time for shipping.
5.4.2. If the defects of the product(s) were identified after delivery, the BUYER shall notify the VENDOR in writing or verbally via customer services. Following the said notice, the product(s) shall be handled by the delivery company to be specified by the VENDOR, whereupon the received product(s) shall be evaluated by the VENDOR. If the VENDOR finds the product(s) defective, the product(s) covered by the notice shall be replaced with new ones within 30 work days following the date of return to the VENDOR, without further shipping charges. Otherwise, the product(s) shall be returned to the BUYER.
5.5. The present Agreement should be approved online and the sale price should be paid in the form preferred by the BUYER, for the delivery of the product(s) covered in the agreement to take place. The buyer agrees, represents and warrants that the VENDOR may decline to honor the obligation to deliver the product(s) without incurring any liability, in case the price of the product(s) is not paid or the payment is canceled before the bank on any grounds.
ARTICLE 6. RIGHT OF WITHDRAWAL
6.1. The BUYER can exercise the right of withdrawal granted to her in relevant regulations, within 14 (fourteen) days following the delivery of the product(s) covered under the Agreement, to her or the person located at the address she had specified. For the BUYER to exercise of the right of withdrawal she must notify the VENDOR in writing or verbally via customer services within the said period, the product(s) must not be those which do not allow exercising the right of withdrawal as per the Distant Sales Regulation published in the Official Gazette dated 27.11.2014 and Consumer Protection Law no. 6502, or must not be damaged or used outside the scope of ordinary use, in a way precluding the resale of the product.
6.2. Right of withdrawal shall not apply to product(s) which were customized in line with the BUYER’s requests, through modifications, changes, or additions prior to the order.
6.3. If the BUYER exercises the right of withdrawal within 14 (fourteen) days following the delivery of the products to her, by notifying the VENDOR in writing or verbally via customer services, the VENDOR shall be required to take delivery of the product(s) in the original form it/they was/were at the time of sale, in other words in disassembled form, along with a copy of the delivery memo original copy of the invoice, with all shipping charges covered by the VENDOR. The BUYER is entitled to exercise the right of withdrawal even before delivery of the product(s). The BUYER is liable for any changes or break downs to arise due to her use of the product(s) in breach of their mode of operation, technical specifications, and instructions for use during the period granted for the right of withdrawal; the BUYER shall be liable for any impairment arising from the product(s). The VENDOR shall collect the product(s) to be returned by the BUYER due to the exercise of the right of withdrawal, at a time (and date) to be agreed with the VENDOR in advance, via the VENDOR’s contracted delivery company. The delivery company the VENDOR has an agreement with as of the date on which this Agreement was approved can be identified through contacts with the VENDOR. In case the BUYER returns the product(s) through a delivery company of her choice, with which the VENDOR does not have an agreement, the shipping charges shall be paid by the BUYER. Return invoices are required for any returns by corporate customers.
6.4. The BUYER agrees, represents and warrants that in case of return requests for the purchases with credit cards, the relevant figure shall not be returned in cash. If the right of withdrawal is exercised, the price of the product(s) and shipping charges shall be returned to the BUYER in accordance with the payment method used by the BUYER at the time of purchase, within 14 (fourteen) days following the return of the product(s) to the VENDOR under the right of withdrawal. Returns issued to credit cards shall take place within the framework of the return procedures which the banks have in place. Any returns concerning purchases with installment payments shall also be subject to the return procedures the banks have in place. If the VENDOR is unable to effect a return payment as the BUYER’s credit card is canceled/replaced, and/or inactive on any grounds, the BUYER shall be obliged to take delivery of the amount by filing a written application with the VENDOR, submitting the documents received from the relevant bank. In such case the BUYER shall not be entitled to any late payment charges, interest or other claims from KREAMARK, regardless of the nature of the claim.
6.5. The BUYER shall be required to send the goods back to the VENDOR’s return address specified in article 1, within 10 (ten) days following the notice regarding the exercise of the right of withdrawal.
ARTICLE 7. GENERAL PROVISIONS
7.1. The BUYER agrees, represents and warrants that she read on the web site and received information on and provided the required confirmation online about the basic specifications of the product(s) covered in the Agreement, the sale price including VAT, the validity period concerning all obligations of the VENDOR -including price obligations-, the form of payment and preliminary information regarding deliveries, the right of withdrawal and its form of use, the fees regarding any costs to be covered by the BUYER, the delivery and performance periods regarding the product(s) covered in the Agreement, the address, phone number and other contact details of the VENDOR to which the BUYER may report her requests and complaints, and the process whereby the applications concerning consumer complaints and objections may be filed before the arbitration committees or consumer courts at the place of residence of the consumer or the place of purchase of the goods or services, subject to the value limits stipulated by the Turkish Ministry of Customs and Trade.
7.2. The BUYER agrees, represents and warrants that minors younger than 18 shall not be allowed to make purchases at the web site even though product(s) for children are offered on sale, and that the VENDOR shall not be held liable for any damages 3rd parties may incur due to product orders placed in breach of this rule. If it determines an act in breach of the present article, the VENDOR is entitled to terminate the Agreement by canceling the order.
7.3. The VENDOR reserves the right to freeze or terminate the order in case it determines that the information provided by the BUYER is inaccurate. In such a case, the VENDOR shall freeze the processing of the order for a period of 5 (five) days if it fails to contact the BUYER via the phone, e-mail or shipping address specified by the BUYER. The BUYER shall be required to contact the VENDOR during said period. The BUYER’s failure to contact the VENDOR within said period shall lead to the cancellation of the order. In the event that the order is canceled, any payment made by the BUYER shall be returned within 14 (fourteen) days. Returns for payments with credit cards shall be made to the credit card used for the payment. The VENDOR shall be required just to perform the return process within the allotted time frame, and shall not be held liable for the time the bank takes to effect the payment on the account.
7.4. Cases which have not been mentioned and could not be predicted at the time of execution of the Agreement, which develop outside the control of the Parties and which render one or both of the Parties unable to perform the obligations and responsibilities incurred through the Agreement, partly or completely, or in a timely manner, shall be considered forces majeures. In case the VENDOR fails to deliver the product(s) covered in the Agreement within the 30 (thirty) days provided in the regulations due to force majeure (natural disasters, fire, explosions, civil wars, wars, riots, civil commotions, mobilization, strike, lockout, epidemics, problems caused by the internet system or the service providers which provide internet services, acts and procedures by government authorities, exhaustion of inventories, commercial impossibilities, weather conditions preventing shipments, and extraordinary cases which disrupt transportation), the VENDOR shall be required to report the matter to the BUYER. In such case the BUYER may cancel the order, have the product(s) covered in the agreement replaced with a comparable one, if any, and/or delay the shipment period pending the disappearance of the case preventing the delivery. In case the BUYER chooses to cancel the order, the amount paid by her shall be returned within 14 (fourteen) days.
7.5. The VENDOR shall not be liable for any price or content inaccuracies arising due to printing or system errors. If the product price stated is well below the market rate, so as to make it perceivable to the average person that it is a clear error, the VENDOR may cancel all the orders placed at the said erroneous price. The BUYER represents and warrants that it shall not be entitled to any rights or claims, including delivery of the product at the advertised price, due to such a clear error.
7.6. The VENDOR reserves the right to cancel the orders a single BUYER may place with a single product over the web site, well in excess of her needs. In case of orders in excess of 3 (three) products, in excess of the BUYER’s needs and in effect as a wholesale purchase, the VENDOR may cancel the order completely, or ship just 3 (three) products with reference to the limit it set for retail purchases.
7.7. The VENDOR, acting as the data controller, shall store certain personal information pertaining to the BUYER, as provided in the distance sales agreement and the preliminary information form (name-surname, phone number, Republic of Turkey ID number, address or e-mail address etc.).
The VENDOR may use the name-surname, phone number, Republic of Turkey ID Number, address, e-mail address, date of birth and similar details requested during the shopping process for contacting the BUYER where necessary, outside the scope and the purposes stipulated in the present agreement, and may store or process such data. Personal information may also be transferred to companies with whom the VENDOR collaborates to conduct research intended to improve the processes of the VENDOR, create a database, carry out market research and carry out communication/marketing activities, and such information may be processed and used by such companies.
The BUYER acknowledges and agrees to give their consent under Law No. 6698 on the Protection of Personal Data for their personal information to be transferred to natural and/or legal persons with whom the Vendor collaborates for the above-mentioned purposes, and also to be processed and stored.
They BUYER may contact the Data Controller VENDOR at any time under the Law, and learn if their personal data has been processed or not; inquire about any such processed personal data; learn about the purpose of processing the personal data and whether such data has been used in line with that purpose; inquire about the third parties to which personal data has been transferred; request the correction of errors in personal data, and for further correction by applicable third parties if the data has been transferred; request the deletion, destruction, or anonymization of the data, and the forwarding of this request to any third parties to which such data may have been transferred in case the grounds for processing personal data no longer apply; file an objection against any negative consequences that arise with respect to the person as a result of data processing; and claim lawful damages in case any such damages arise due to data processing in violation of the Law.
ARTICLE 8. GOVERNING LAW AND SETTLEMENT OF DISPUTES
8.1. Turkish Law shall govern any dispute that may arise from the implementation and interpretation of the present Agreement, or the Agreement itself.
8.2. The BUYER may, for the settlement of any disputes arising under Law no. 6502 regarding the implementation of the present Agreement, file a claim before the Consumer Arbitration Committees for claims up to the limit announced by the Ministry of Customs and Trade, and the Consumer Courts of Istanbul for any disputes in excess of said limit. In case of discrepancies between the two versions, the Turkish version shall prevail.
VENDOR: İnofab Sağlık Teknolojileri A.Ş.